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A missed documentation and failure to administer medicine in a timely manner are some of the typical errors or mistakes committed by any nurse. These mistakes may become grounds for the cause of nursing malpractice, and if being accused, you need the right and skilled nurse attorney to help you with the case.

At the time of the initial incident, she was employed as a Charge Nurse at a nursing and rehabilitation facility in Longview, Texas, and had been in that position for one (1) year and nine (9) months.

On or about July 16, 2019, while employed as a Charge Nurse at a nursing and rehabilitation facility in Longview, Texas, LVN failed to administer Tylenol #3 to a patient at 0700 as scheduled, and as ordered by the physician. Additionally, LVN falsely documented on the medication administration record (MAR) that she administered Tylenol to the patient at 0700. LVN’s conduct was likely to injure the patient in that failing to administer pain medications as ordered could result in the patient suffering from uncontrolled pam. Additionally, LVN’s conduct was deceptive and created an inaccurate medical record.

In response, LVN states she worked her regular shift from 6 am to 2 pm as a nurse and was asked if she could stay over and pass medication on the 2 pm to 10 pm shift to help the nurse. LVN states that when the 2 pm to 10 pm nurse came in, LVN was still working on orders from 6 am to 2 pm. LVN states when she completed the medication pass for 2 pm to 10 pm, she informed the nurse that she was finished and asked if everything was correct and if the carts were okay. LVN admits she did not count with this nurse, the nurse never told her the count was wrong, nor did anyone come to LVN at that time to correct the count or show her error. LVN states the DON showed LVN the count sheet with her name marked off. LVN states that she truly believes she gave the medication to the resident because the resident never complained of pain.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A),(6)(H),(10)(B)&(11)(B).

The evidence against the LVN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.

Avoid a similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 200 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.